The hon. and learned Gentleman is absolutely correct. What we are talking about is clearly not a request but a direction. It is framed in such a way that it can be interpreted only as a direction. There may be circumstances in which it is appropriate for the Secretary of State to direct, although given the independence that we have sought to achieve for the commissioner, I imagine that it would be better if it were a request. What I am not prepared to accept is subsection (10), which in effect allows the Secretary of State to limit the scope of an investigation, having requested/directed that that investigation should take place.

The subsection gives the commissioner discretion to determine the scope and the procedure, but qualifies that by saying:

“Subject to any directions given to the Commissioner by the Secretary of State”.

It cannot be right for the Secretary of State, who in this instance will be the person who is politically responsible for the department under investigation, to limit the scope of an independent investigator conducting an investigation into incidents that may have happened within the premises run by that service. It is absolutely wrong that that should be the case. I think—I hope—that it is inadvertent. If it is not, the Minister must explain why she feels that the Secretary of State should have the power to limit the scope and direct the procedure adopted by this independent commissioner in the pursuit of his or her duties. That cannot be right.